Keywords
Summary

Keywords

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1. State aid ° General scheme of aid approved by the Commission ° Notification of individual implementing measures ° Obligation ° None

(EEC Treaty, Art. 93)

2. State aid ° General scheme of aid approved by the Commission ° Individual aid measure presented as coming within the scope of the approval ° Examination by the Commission ° Assessment primarily in the light of the approval decision, and only on an ancillary basis under Article 92 of the Treaty ° Application of scheme of new aid and prohibition on implementation before the final decision ° Conditions

(EEC Treaty, Arts 92 and 93)

Summary

1. Once a general scheme of aid has been approved by the Commission, the individual implementing measures do not need to be notified to it, unless the Commission has issued certain reservations to that effect in the approval decision. In fact since the individual grants of aid are merely measures implementing the general aid scheme the factors to be taken into consideration by the Commission in assessing that aid are the same as those which it applied on examining the general scheme. It is therefore unnecessary for the individual grants of aid to be subject to examination by the Commission.

2. When the Commission has before it a specific grant of an aid alleged to be made in pursuance of a previously authorized scheme, it cannot at the outset examine it directly in relation to the Treaty. Prior to the initiation of any procedure, it must first examine whether the aid is covered by the general scheme and satisfies the conditions laid down in the decision approving it. If it did not do so, the Commission could, whenever it examined an individual aid, go back on its decision approving the aid scheme which already involved an examination in the light of Article 92 of the Treaty. This would jeopardize the principles of the protection of legitimate expectations and legal certainty from the point of view of both the Member States and traders since individual aid in strict conformity with the decision approving the aid scheme could at any time be called in question by the Commission.

If following the examination thus circumscribed the Commission finds that the individual aid is in conformity with its decision approving the scheme it must be regarded as authorized aid, and thus as existing aid. Therefore the Commission is not entitled to order the suspension thereof since Article 93(3) of the Treaty empowers it to do so only in regard to new aid. Conversely, where the Commission finds that the individual aid is not covered by its decision approving the scheme, which it cannot do by basing itself on mere doubts as to its conformity with that decision, the aid must be regarded as new aid. Where such aid was not notified to it, the Commission has the power, after giving the Member State in question an opportunity to submit its comments on the matter, to issue an interim decision requiring it to suspend immediately the payment of such aid pending the outcome of the examination of the aid and to provide the Commission, within such period as it may specify, with all such documentation, information and data as are necessary in order that it may examine the compatibility of the aid with the common market.

If the Commission has doubts as to the conformity of individual aids with its decision approving the general scheme, it is up to it to order the Member State concerned to supply to it, within such period as it may specify, all such documentation, information and data as are necessary in order that it may form a view on the compatibility of the aid in question with its decision approving the aids scheme. Should the Member State fail, notwithstanding the Commission' s injunction, to supply the information requested, the Commission may order the suspension thereof and directly assess compatibility with the Treaty as if it was a new aid.